Kilbourne Trial Update: More officers take the stand

Wednesday

Dec 18, 2013 at 3:44 PM

Testimony continued Wednesday afternoon bringing more law enforcement to the stand.

Julie ClementsTimes-Gazette Editor

Testimony continued Wednesday afternoon bringing more law enforcement to the stand.Butler County Sheriff's Office Det. Brenna Sperry testified about her involvement in the case and the evidence she collected, including Graham Taylor's t-shirt. She said when she talked to Taylor he had taken the shirt off for some reason, but he was photographed with it on at the Andover Police Department.She testified as to a stain and a few small holes in the back of the shirt. Sperry said she interviewed Taylor and Tasha Kane each twice."In your interviews with both of them, did they identify Jan Tracy Kilbourne as the person in the car?" Devinney said.She said they did and Devinney asked about the shooting."They both identified Mr. Kilbourne as the shooter of Deputy Lawrence," Sperry testified.Defense Attorney James Watts did not have any questions for the witness.Next to be called was Butler County Sheriff's Office Det. Robert Albert.His role for the investigation was to be the evidence collector and custodian. He also created diagrams of the scene, including one diagram admitted into evidence.Albert went on to testify about the cars and items shown in the diagram and photo, including the broken glass and tire tracks.Devinney then asked about the uniform shirt belonging to Lawrence, which Albert collected and put into evidence. He testified there was a hole in the shirt where Lawrence had been shot.He went on to say he briefly spoke to Lawrence about the incidents.Devinney also admitted into evidence the front panel of Lawrence's ballistic vest.Albert testified he removed the bullet from the vest and identified photos he had taken of the vest. He said there was a circular area on the back of the front side where the bullet nearly penetrated it. He said the back layer of material was beginning to rip a bit.Albert said he was part of the team that went to Hutchinson to look in a place known as his residence as well as visit some acquaintances. He went on to say Kilbourne was arrested later in Wichita."I collected a Belgian 38 special revolver handgun," Albert said.Albert agreed this was a 38 that would roughly match the diameter of the slug taken from Lawrence's vest.On cross, Watts clarified Albert was mainly the evidence custodian in this case and also took the measurements for the diagram that had been presented."Did you take into custody Deputy Lawrence's firearm?" Watts asked.Albert said he did, saying the magazine holds 15 rounds, with one on the chamber for 16 rounds total.Watts asked if Albert inventoried the weapon to see how many rounds had been fired.Albert said he did and he found nine rounds were missing from the weapon, and they could not find all of the locations of the bullets that were fired. One went through the door and to the other door. Watts asked if there were also three other bullet impacts in the vehicle.Albert said there were that many impacts, but they didn't determine if there were that many rounds that went into the vehicle.He said they found one other impact point on the building.Watts went on to ask about evidence taken from the inside of the Monte Carlo.Albert said there was a drop of blood on the passenger side dash just above the glove box of the vehicle as well as a blood stain on the left side of the driver's seat.Next to take the stand was Butler County Det. Monty Hughey.Hughey's role in the investigation was as lead investigator for the case.He said he first responded to Wesley Hospital to see Lawrence, at which time Lawrence told him what had happened, recounting the events testified to earlier.As for the wound on Lawrence, Hughey said you could look inside the hole and see the bone exposed. Hughey stayed with Lawrence until he was released at about 9 a.m., took him back to his apartment and stayed with him until his family arrived.The next step for Hughey was to located Kilbourne. "I went back to the scene of the shooting and myself and multiple other agencies started to do cell phone extractions, contacting people who had been in contact with Mr. Kilbourne," Hughey testified.He went on to say it was Sept. 6 when Kilbourne was apprehended in Wichita.Devinney asked Hughey to describe Kilbourne's living conditions when he was found.Hughey said the swat team was moving in on the residence they knew he was at and one of swat team members saw an individual getting out of a vehicle and began running. He was apprehended following a foot chase.He testified as to the residence in Wichita where the gun was found. Kilbourne was located at that residence and was friends with the person who lived there.Hughey also testified as to his interviews with Lawrence, when Lawrence told him Kilbourne shot behind Taylor and exited the vehicle from the passenger side."Are you aware of any other statements that would corroborate either of these statements on how Mr. Kilbourne shot and got out of the car?" Devinney asked.Hughey said he did not know of any. He also said there has not been any question that Kilbourne is the one who shot Lawrence.On cross examination, Watts asked Hughey about being lead investigator and if that meant he would lead all information in the case.Hughey said he did."In my big pile of stuff there you are aware of all of it and reviewed all of it?" Watts asked, to which Hughey said he was.Watts asked if during shooting incidents things happen fast, that the adrenaline is often pumping and events are kind of in a blur and what seems like a very long time can in fact be very sure, and Hughey agreed to those things.Watts asked if sometimes in the heat of the moment, witnesses' perceptions of events are not entirely accurate of physical evidence.Hughey said it could."One of the things you want to do when you investigate a shooting instance is to see if the physical evidence matches the descriptions?" Watts asked.Hughey said they do want to do that.Watts said in two interviews with Lawrence, he described Kilbourne getting out of the passenger side of the vehicle. He pointed out that description does not match the one of Taylor.Watts asked if in that case it was important to compare the physical evidence and see which matches up closer."Is there any physical evidence that would indicate Mr. Kilbourne exited the passenger side of the vehicle and went around and squared up to the deputy?" Watts asked."No," Hughey said."In fact, there is physical evidence that would indicate what Graham Taylor describes is consistent with physical evidence?" Watts asked."If a person put weight on glass that was over skin would it surprise you that that glass was pressed into that skin?"Despite objections from the state in this line of questioning, the questions were allowed. Hughey said it could.Watts went on to ask about blood on the driver's side seat on the left edge, of which Hughey said he was aware.Watts asked if a person was shot in the left hip and went out the driver's side window it could cause the blood on the seat. Hughey said they could if they were hit or bleeding."Isn't the case that the physical evidence at the scene is consistent with the description given by Graham Taylor and not by Deputy Lawrence?" Watts asked."With him coming out the window and the physical evidence, I don't know what broke the window," Hughey said."In the scenario of the firing of the first shot of Mr. Kilbourne, that a number of rounds were fired into the vehicle and one of those rounds struck Mr. Kilbourne in the hip and he climbed over Graham Taylor and out the window that would be entirely consistent with the physical evidence as you found it?" Watts asked."It could be," Hughey responded.Watts went on to ask about Hughey's experience with a through and through wound and if it would bleed a lot.Hughey said it could.Watts pointed out there was no blood trail around the front of the vehicle.Devinney then had a few follow-up questions."Detective, to the best of your understanding, how did Graham Taylor say Mr. Kilbourne got out of the car?" Devinney asked.Hughey said Taylor said Kilbourne climbed out the window. "Is there any information that says he climbed belly down?" Devinney asked."I don't know," Hughey answered."Who's blood is on the back of that car seat?" Devinney continued and Hughey said he did not know.He also did not know who's blood was on the dash.Devinney went on to ask if there was any blood on the passenger seat if it was a through and through and if there was any bullet strikes down that low, to which Hughey said there were not.Hughey also said there was gun powder on Taylor's lower back."When people are shot, if they are moving, do they always leave a giant pool of blood right when they get shot?" Devinney asked."No it takes it a while," Hughey said.Hughey also said the blood trail does not say if he got out of the driver's side or passenger's side."I believe Mr. Watts got you to agree there could be physical evidence that Graham Taylor's account was correct," Devinney said. "Could you review that physical evidence that Mr. Kilbourne shot in front of Graham taylor?"Hughey said there was none."What physical evidence corroborates Deputy Lawrence's version?" Devinney asked.Hughey said there was the hat found in front of the vehicle and Lawrence's testimony about a fast walk and when he raised his arms Lawrence was looking for Kilbourne to kill him.Watts then followed up with a question about the hat, asking if it could fall off when crawling out a window.Hughey said it could."Deputy Lawrence testified Mr. Kilbourne yelled 'I'm hit, I'm hit' as he was walking around the vehicle?" Watts asked.Hughey said that was correct. "Is there any bullet strike in the vehicle in the area behind the back door that would be consistent with a through and through?"Hughey said there was one on the door but not one in that location.With Hughey's testimony, the state rested.

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